United States District Judge Louise Flanagan has set an October court date for former FBI director James Comey.
A federal grand jury in North Carolina indicted Comey in late April for posting on social media a photo of seashells arranged to read “86 47.” The term “86” is slang for cancelling something or getting rid of something. Trump is the 47th president. The photo was taken while Comey was vacationing in North Carolina.
While Comey removed the post from his Instagram account, the U.S. Department of Justice said the seashell photo was meant as a threat of violence to President Donald Trump. In addition to threatening to harm the president, the DOJ alleges that Comey used interstate commerce to transmit the threat by posting the photo.
In Tuesday’s order, Flanagan scheduled the arraignment for Sept. 30 with a jury trial scheduled for Oct. 21, 2026, at 9 a.m. in New Bern. Pretrial motions are due by July 28.
Comey said in a video posted to his substack account that he was innocent and not afraid of the charges.
“This is not who we are as a country, this is not how the Department of Justice is supposed to be. And the good news is we get closer everyday to restoring those values,” said Comey in the April 28 video.
Legal experts have questioned whether the Justice Department’s case tops Comey’s First Amendment rights.
Click here to read Judge Flanagan’s order.
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